BALWINDER SINGH ALIAS BINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for regular bail in a pending trial case registered vide FIR No. 22 dated 09.06.2010, under Sections 21/25/29/61/85 of the Narcotic Drugs Psychotropic Substances Act, 1985 [for short "NDPS Act"], Sections 3, 4, 5 of the Explosive Substances Act, 1908, Sections 17/18/19/20 of the Unlawful Activities (Prevention) Act, 1967 and Sec. 120B of the Indian Penal Code, 1860 at Police Station Special Operation Cell, Amritsar.

(2.) As per the FIR, the complainant was informed by a special informer that Nirmal Singh alias Nimma and Balwinder Singh alias Binder (petitioner herein), with the help of Paramjit Singh alias Pamma, are doing anti-national activities near the Indo-Pakistan border and are smuggling heavy quantity of RDX and Heroin. He also informed that the aforesaid two persons had earlier smuggled heavy quantity of Heroin and RDX at the instance of Paramjit Singh alias Pamma and his relation, namely, Sher Singh alias Shera and are being sent to the other accomplices at Delhi after receiving the said articles near Gurudwara Singh Darshan Singh Rulliwale in a white coloured Accent car bearing registration No. DL-3CAB-2216 and if a raid is conducted, heavy quantity of RDX and Heroin can be recovered. On this information, AIG/CI Ranwinder Singh was informed and after his permission, the complainant constituted a team of other officers and reached near Gurudwara Singh Darshan Singh Rulliwale where they saw the said car parked near T-point at G.T. Road bye-pass and five persons standing near it. On seeing the police party, one person sat in the car, two persons ran towards Ghanupur Kahlon and remaining two persons ran towards Gurudwara Sahib. However, all the persons were overpowered and the person who was sitting in the car, disclosed his name as Sher Singh alias Shera, the persons who tried to run towards Ghanupur Kahlon disclosed their names as Malkiat Singh alias Bittu and Paramjit Singh alias Pamma and other two persons who ran towards Gurudwara Sahib disclosed their names as Nirmal Singh alias Nimma and Balwinder Singh alias Binder (petitioner herein). Thereafter, the complainant disclosed his identity and asked them for their search and also made them aware of their right for getting searched in the presence of a Gazetted Officer. After recording their consent memos separately, the complainant informed Rajpal Singh, DSP, SSOC, Amritsar on his mobile and asked him to come at the spot and, thereafter, with a great difficulty, one Parminder Singh son of Swaran Singh, resident of 116, Kabir Park, P.S.Chhehratta, District Amritsar was joined as a public witness. In the meantime, DSP Rajpal Singh reached at the spot. In his presence, the search operation was conducted in which two packets, one containing Heroin and other containing RDX, were recovered from Sher Singh alias Shera. The Heroin was found to be 1 Kg., whereas the RDX was found to be 1500 grams. Separate Pullandas were prepared and samples were taken. On the search of accused Nirmal Singh alias Nimma, again 2 packets, one containing Heroin and other containing RDX, were recovered from him in the same quantity as above. From the search of Balwinder Singh alias Binder (petitioner herein), two packets containing RDX were recovered. Both were weighing 1500 grams. From the search of Malkiat Singh, one black coloured polythene bag containing 30 meters orange coloured fuse wire, 20 live detonators was recovered. From the search of Paramjit Singh alias Pamma, 30 meters orange coloured fuse wire and 10 timer devices were recovered. In nutshell, from all the five accused, the recovery of Heroin, RDX, fuse wire, detonators and fire/timer devices was effected which were carried without license or permit and hence, the case was registered under the various provisions of law and thereafter a written ruqa for registration of a case was sent to the Police Station through HC Richard Masih. The petitioner had applied for bail before the learned Court below wherein it was alleged that he is in custody since 09.06.2010 and the recovery has been planted but his bail application was dismissed on 19.04.2011 by the learned Additional Sessions Judge, Amritsar looking at the recovery and the seriousness of the offence.

(3.) Learned counsel for the petitioner has argued that two recovery memos were prepared on the same day. He further submits that the recovery memos bear the FIR number and date as well as the offence under which the FIR has been registered even before the registration of the FIR as it is not the case of the prosecution that after receipt of secret information, the FIR was first recorded and then the raid was conducted and recovery was made. He further submits that the petitioner is in custody since June, 2010. In support of his submission, he has placed on record a decision of the Supreme Court in the case of Ram Chander Sharma alias Pandit Vs. State (NCT of Delhi) as Annexure P-4. During the course of hearing, the petitioner had also filed CRM-45128- 2011 in order to place on record the documents Annexure P-5 and P-6, which are the copies of Ration Card and Voter Identity Card of the petitioner.